[Sandra2008]

Hi there, need some good advice.

When I first came to HK I was a tourist, however on July 14, 2001 I got my work visa. Ever since I had my visa extended without any interruption, and it's valid until July 2010.

Unfortunately, my last employment contract ended mid June - this is one month before completion of seven years of working in HK.

My question is, will I still get a permanent ID because my visa is valid until 2010 or did I miss the chance because I haven't been working for seven years continuously (one month short). If the latter, anything I could do?

Thanks, Sandra

[PDLM]

Nothing you can do except apply, explaining the circumstances. I reckon you'll probably be OK so long as everything else is in order (taxes etc). Whatever you do, don't lie to Immigration.

[Sandra2008]

Thanks a lot. I phoned the immigration department this morning, and they said my application was approved. However, it will take another 2 weeks till they invite me and take it to the next level. Meanwhile, my previous employer will inform the Immigration Department about the termination of my contract. Do you think, the Immigration Departent will revise my case? Is it advisable to sign a new employent contract soonest and apply for change of employer? Does it make any difference if this new contract is a fixed term one or an unlimited one? Thanks for your help!

[PDLM]

If I were you, I would offer to work for my last employer free of charge for a month or two. They may of course not ask you to do very much. If you are leaving them on good terms they might not have a problem doing this. You can then resign as soon as PR is granted.

[Sandra2008]

Thanks! Unfortunately this is not an option. I did asked...

[er2]

out of curiosity - would finding a new employer mean running through the visa process right from the start? and is it normal/required that you work for one employer only for the whole seven years in order to acquire reseidency?

[PDLM]

Yes if you wish to transfer the sponsorship of your employment Visa to a new employer then you have to fill in the same forms and provide similar supporting documents. (They don't require to see originals of Education certificates and stuff again, but your new employer has to provide the same sort of justification for why they can't fill your role with a permanent resident.)

You don't have to work for the same employer for 7 years (or indeed work at all if you are on a Dependant Visa). All that is required is that you be continuously legally resident in Hong Kong (i.e. have some sort of current resident Visa) for 7 years immediately prior to your application. No problem with you changing status (e.g. from Employment to Dependant if you get married) during that time.

[Sandra2008]

The thing is I am not sure. I got contradictory information - even from the immigration Department itself. One time, they say you have to actually work for seven full years conteniousely, some other time they say, no problem if you don't have work in-between or change your employer. As long as the work visa is still valid...

[Sandra2008]

Once again, thank you. Now the question is, if I have a employment visa valid until 2010 but the contract terminated before completing 7 years, am I still 'legal' or count as a visitor/tourist?

[PDLM]

You're still legal as I understand it. I certainly had a couple of months between jobs (but with a still valid Employment Visa) when I changed employer here and that had no impact on my subsequent application for PR. Just tell them if asked that you are actively seeking a new role.